FLINT, MI -- Flint City Council President Scott Kincaid has refiled a lawsuit seeking to repeal Flint's water and sewer rate hike, claiming the increase violated city ordinance.

The latest lawsuit is the second attempt to overturn the rate hike after the Michigan Court of Appeals ruled it did not have jurisdiction over some of the issues raised in the first lawsuit.

The new complaint, filed July 3 by Kincaid and three other Flint residents in Genesee County Circuit Court, claims the 35 percent water and sewer rate increase that was imposed in September 2011 violated city ordinance and was not authorized by the Flint City Council.

The lawsuit says the city mingled water and sewer funds with general funds instead of keeping them separate, a finding that was also noted in November by the state-appointed financial review team that recommended an emergency manager take over city operations.

"The rate increases were illegal," said Val Washington, Kincaid's attorney. "(They were) used to pay general
obligations rather than restricted obligations."

Washington said the city has filed a response to the lawsuit, asking Circuit Court Judge Richard Yuille to dismiss the case.

Flint City Attorney Peter Bade could not immediately be reached for comment this morning.

Washington said a hearing date has not been set.

Kincaid is seeking an order from the judge to stop the city from collecting on the increase. The lawsuit also seeks damages, as well as a refund to the city's water and sewer customers.

Earlier this month, the Michigan Court of Appeals dismissed a portion of Kincaid's first lawsuit, ruling that the rate hikes did not
violate the Michigan Constitution, as alleged in the lawsuit.

Washington said an appeal is planned but has not yet been filed.

Flint water customers have seen a 110-percent increase in their average water and sewer rates since January 2011. Most recently, Flint emergency manager Michael Brown raised rates an average of 25 percent.